Jury decision awaited

Panel's work to continue again this morning

The waiting game continues today for a verdict in the federal civil rights trial of Mayor Frank Melton and his former police bodyguard, Michael Recio. The jury tried to call it quits at 2 p.m. Thursday, the first full day of deliberations. But by the end of the day, there was no talk of an impasse. Jurors agreed to reconvene at 9:15 a.m. today at the federal court house in downtown Jackson to continue their work. Melton, 59, and Recio, 39, face charges related to a warrantless, police-style raid on a Jackson duplex in August 2006. Melton later said the building was a "crack house." If convicted on all counts, the men face between five and 25 years in prison. Melton also would have to step down as mayor. Recio, who is on paid leave from the Jackson Police Department, would have to turn in his badge. Federal prosecutors did not comment on the impasse. Melton, however, flashed a rare smile in the courtroom. His attorney, John Reeves, appeared pleased with the delay as well. Reeves held an impromptu news conference on the courthouse steps late Thursday. He said he was pleased the jury was "really looking into the matter" and said the mayor remains upbeat. But he said two weeks of trial and another of jury selection has taken a toll on everyone. "We're all tired and ready to move on," he said. After six days of testimony, jurors were handed the case late Wednesday. After about an hour of deliberations, they broke for the night. Jurors started again at 9 a.m. Thursday. By late afternoon they informed U.S. District Judge Dan Jordan they had reached an impasse and could not come to the required unanimous decision. Jordan told the jury that considerable time, money and effort had been spent on the trial and sent the 12 men and woman back to the deliberation room. The jury emerged from behind closed doors one time Thursday to ask for clarification of the legal meaning of "conspiracy." Melton and Recio are accused of conspiring to violate the civil rights of two people. The jury also requested the transcript of the testimony of reluctant prosecution witness Michael Taylor, a former ward of the mayor who was among the young men who attacked the duplex. Jordan turned both documents over. The day ended at 6:15 p.m. with no verdict. While the jury was sequestered behind closed doors, others began to speculate whether the impasse was good news or bad news for Melton and Recio. Mississippi College law professor Matt Steffey said after court recessed there is still a good chance the jury will reach a decision. "I thought it looked good for the defense around 2 p.m.," he said, referring to when jurors indicated they had reached an impasse. "But now, it's not a sure thing. The jurors didn't ask to be relieved from duty; they just asked for a break and to come back tomorrow." Statistics give another reason there may be a slim chance for a hung jury. Ninety-seven percent of federal criminal trials result in a verdict, Steffey said. However, if jurors cannot reach a unanimous decision, the prosecution must decide whether to retry the case. "If it's 11 to one or 10 to two, the chances of a retrial go up," Steffey said. "But if it's six to six or seven to five, the prosecution has to ask itself whether another trial would really make a difference." A new trial would give the prosecution and defense a chance to review their strategies and make improvements. Though, this opportunity usually gives prosecutors a greater advantage, Steffey said. "Meeting the burden of proof is easier the more chances you have," he said. "However, the mayor is very ill. At some point, reprosecuting him has diminishing returns." Melton has suffered from heart-related problems through out his first term as mayor. Court documents recently revealed that Melton is in end-stage cardiomyopathy, a serious condition that prevents the heart from properly pumping blood. Throughout Jackson on Thursday, both supporters and opponents of the mayor agreed they were ready for the trial to end. The Rev. Hosea Hines, pastor of College Hill Missionary Baptist Church and president of Jackson's 100 Concerned Clergy, said the trial has cast a shadow on the city, no matter what its outcome may be. But he hopes residents can move past it and even take up the reins in their own neighborhoods to create a better quality of life. "You can't be happy if the leading official of your city is involved in legal litigation, because what it does is take away from that person's time and energy in doing the job they were elected to do," Hines said. "But whether or not (Melton) is convicted or acquitted or whether there is a hung jury, the most important thing is we have key issues somebody is going to have to address."

Kathleen Baydala, Blair Goldstein and Chris Joyner • Clarion Ledger Staff Writers • February 20, 2009